A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 18, 2008, the Defendant was issued a summary order of KRW 1 million at the Cheongju District Court in Cheongju District Court for a violation of the Road Traffic Act (driving). On February 14, 2012, a summary order of KRW 3.5 million at the same court for a violation of the Road Traffic Act (driving) and on December 18, 2015, a summary order of KRW 5 million at the same court was issued in the same court.

【Criminal Facts】

On September 21, 2020, at around 21:40, the Defendant driven a Fmp vehicle under the influence of alcohol with a blood alcohol concentration of 0.11% from the 3km section of approximately 0.11% from the 3km section from the front of the city of Incheon to the front of the road located in Dacheon-si D through Seocheon-si C.

Accordingly, the defendant violated the prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement and the defendant's report on the results of crackdown on drinking driving and the statement in the circumstances of drinking drivers;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments

Although the Defendant was punished for the same kind of crime in 2008, 2012 and 2015, the Defendant committed the instant crime, which is highly likely to be subject to criticism, and the responsibility for the crime is heavy.

The favorable circumstances: At the time of crime and the mistake are divided.

There is no history of criminal punishment exceeding a fine due to the same crime.